Average Settlement for Traumatic Brain Injury | Texas

Thursday, February 2, 2023
average traumatic brain injury settlement

A traumatic brain injury (TBI) is one of the most severe injuries a person can suffer due to another’s negligence.

Brain injury cases are also some of the most complex, mainly due to the nature of the injury.

The brain is perhaps the most complicated and intricate organ in the human body, and any injury can be challenging to diagnose and treat.

Depending on the nature of the injury, the victim may be permanently and severely injured.

At the Law Office of Aaron Herbert, our traumatic brain injury lawyer will fight to get you and your family the financial compensation you deserve. 

What Is a Traumatic Brain Injury (TBI)?

A traumatic brain injury (TBI) usually results from a  violent blow or jolt to the head or body or from an object that pierces the skull and enters the brain.

Some types of TBI cause temporary or short-term problems with normal brain function, including problems with how the person thinks, understands, moves, communicates, and acts.

However, a more serious TBI can lead to severe and permanent disability and even death. Some TBI injuries are immediate, while others occur gradually over time. 

TBIs are generally classified into two different categories: penetrating and non-penetrating TBI. A penetrating TBI is what it sounds like and happens when an object pierces the skull and penetrates the brain (e.g., shrapnel, knife, or bullet).

Non-penetrating TBI is caused by a strong external force that moves the brain within the skull. (e.g., fall, blast injury, or motor vehicle accident). 

5 Common Causes of Traumatic Brain Injuries 

The truth is a brain injury can be caused by many things, but some are more common than others. Five common causes of traumatic brain injuries are as follows:

  1. Car accidents
  2. Sports injuries,
  3. Slip and falls,
  4. Violence, and
  5. Blasts.

Whether one of these caused your TBI or something else, you deserve compensation for your life-changing injuries. 

The causes listed above can result in several different types of traumatic brain injuries:

  • Concussions,
  • Edema (swelling),
  • Hematoma, and
  • Skull fracture.

It is also possible to experience more than one type of TBI from a single accident. 

Average Settlement for Traumatic Brain Injury

While it is difficult to quantify an average settlement amount for a TBI, these settlements tend to be larger than those for other injuries because the severity tends to be greater.

Because many TBIs are permanent and require lifelong medical attention and adaptation, the sheer costs can quickly add up. Depending on the severity of the injury, the victim may require around-the-clock care and lose the ability to earn a living. 

TBI cases often settle for at least six figures, but many pay in the millions. 

Types of Damages Factored into a Settlement

There are generally three types of damages available to a Texas plaintiff. 

Economic Damages

Economic damages are easy to quantify because they are based on a plaintiff’s loss. These include:

Each plaintiff’s actual loss will vary and will directly influence their settlement. 

Noneconomic Damages

Noneconomic damages are more challenging to quantify because they are subjective and personal to you. These damages include the following:

  • Pain and suffering, 
  • Emotional anguish, 
  • Loss of enjoyment of life, and 
  • Loss of consortium. 

Noneconomic damages resulting from a TBI will be unique to each individual. 

Punitive Damages

Lastly, depending on the facts and circumstances that led to your TBI, you may be entitled to punitive damages. However, it is unlikely that these will be factored into a settlement agreement.

Instead, they might be awarded by a court to punish a grossly negligent defendant.  

Contact a Traumatic Brain Injury Lawyer at The Law Office of Aaron Herbert

Contact a traumatic brian injury lawyer today. At the Law Office of Aaron Herbert, we have been providing top-notch representation to victims of traumatic brain injuries for over a decade.

Our are experienced in negotiating fair and just settlements for our clients. Should your case not settle, we are board certified in personal injury trial law.

If you or a loved one has suffered a TBI at someone else’s hands, your focus should be on recovering. Let us handle the rest. Contact us to schedule a free consultation today.

Posted by Aaron Herbert at 1:00 pm

Average Settlements for Severe Brain Injuries in Texas

Thursday, December 15, 2022

According to the Centers for Disease Control and Prevention (CDC), 2.2 million people visit the emergency room annually for traumatic brain injuries (TBI).

In fact, severe brain injuries are one of the most common public health issues facing Texans.

If you or a loved one suffered a severe brain injury, you know the serious emotional and financial toll a TBI takes. And you may wonder what an average settlement for traumatic brain injury is worth.

Because numerous considerations go into determining a TBI’s case value, and because every case is different, it is essential to speak with an experienced TBI attorney.

If you’re interested in determining the average settlement for traumatic brain injury, Texas Board of Legal Specialization certified attorney Aaron Herbert can walk you through how a TBI case is brought, explain your legal options, and help calculate your TBI case value.

At the Law Office of Aaron Herbert, we pride ourselves on providing clients with tireless advocacy and are committed to helping you fight for the compensation you deserve.

What Is Traumatic Brain Injury?

A TBI is an injury that affects how the brain works. Most TBIs are mild injuries or concussions that cause the brain to bounce around or twist in the skull, which can stretch and damage brain cells.

Mild TBIs are not usually life-threatening. However, a mild TBI or concussion’s effects can be serious.

The CDC defines severe TBI as a disruption in the brain’s normal function caused by a bump, blow, or jolt to the head that can lead to long-term or life-long health problems that may affect all aspects of a person’s life.

A person with a moderate or severe TBI may need ongoing care to help them recover and perform daily activities. 

What Is the Average Settlement for Traumatic Brain Injury?

TBIs occur more frequently in the Lonestar state than you might imagine. According to the Brain Injury Association of America—Texas Division:

  • 144,000 Texans sustain a TBI yearly;
  • TBIs permanently disable 5,700 Texans yearly; and
  • 381,000 Texans, or about 2% of the population, live with a TBI-related disability. 

The good news is that TBI sufferers are often eligible for compensation. However, because each case is unique, and factors such as the severity and type of injury vary from person to person, the average TBI settlement amount varies from case to case.

Generally, though, the severity of the TBI injury and the circumstances surrounding the accident determine how much compensation a victim is entitled to.

To better calculate what a TBI case is worth, an attorney will consider facts such as:

  • The severity of your injury; 
  • Your long-term TBI prognosis,
  • Current and future medical costs,
  • The costs of preventative care should other related brain conditions develop in the future,
  • Your TBI’s impact on your ability to earn a living,
  • Your TBI’s effect on your personal life,
  • Other current and future financial losses, and
  • Costs of mental health counseling.

Every TBI presents unique challenges. From permanent disability to occasional issues with day-to-day tasks, TBI effects range from minor to severe.

An experienced personal injury attorney will review your TBI prognosis and the challenges it presents and help you determine your claim’s value.

What Kinds of Costs Can I Recover for a Traumatic Brain Injury?

Though the values of TBI cases vary, Texas TBI victims may generally pursue damages for the following:

  • Emergency care,
  • Surgery and hospitalization,
  • Current and future medical expenses, 
  • Prescriptions,
  • Physical therapy,
  • Rehabilitative care,
  • Ongoing in-home care,
  • Past and future lost wages, 
  • Diminished earning capacity,
  • Disfigurement,
  • Pain and suffering,
  • Depression, 
  • Post-traumatic stress, and
  • Loss of enjoyment of life.

A skilled TBI attorney can give you a better idea of what your brain injury claim is worth and help you receive the best possible TBI settlement.

Contact the Law Office of Aaron Herbert Today

If you’re interested in learning more about the average settlement for brain injury, the Law Office of Aaron Herbert will take the time to review the facts of your case and provide you with one-on-one attention.

As a client-centered law practice focused solely on personal injury law, the passionate team at the Law Office of Aaron Herbert will work tirelessly to hold the parties responsible for your TBI accountable.

The fact that our team has achieved the highest possible AVVO ratings says it all—the Law Office of Aaron Herbert is committed to our TBI clients and will fight for you to get justice.

Contact us today by phone or online to schedule a free consultation. We never take a fee unless we win.

Posted by Aaron Herbert at 12:27 pm

Can You Still Suffer a Brain Injury While Wearing a Bike Helmet?

Tuesday, April 19, 2022

Riding a bike in Texas can come with significant injury risks. As a biker, you are vulnerable to serious and life-threatening injuries in a traffic accident. This includes traumatic brain injuries from striking your head or skull on the pavement. Although Texas does not have a universal bicycle helmet requirement, wearing one could save your life. Unfortunately, it is not failsafe; it is still possible to suffer a brain injury with a helmet on.

Bicycle Helmet Statistics

Studies have repeatedly found bicycle helmets to drastically reduce the risk of head and brain injuries in bike accidents. The National Safety Council reports that more than 50 percent of bicyclists who are killed in accidents each year are not wearing helmets. Helmets cut the risk of suffering a head injury in half. The odds are even higher of preventing a severe or fatal brain injury. Even if your state or county doesn’t require you to wear a bicycle helmet while riding, doing so is important for safety reasons.

How Do Most Bicycle Accident Brain Injuries Happen?

Bicycle accidents are a leading cause of head injuries, skull fractures and traumatic brain injuries (TBIs). TBIs are injuries to any part of the brain due to a source of external trauma, such as a blow or bump to the head. They include concussions, contusions, hemorrhages and swelling. Even a minor bump to the head could result in a serious brain injury. TBIs are especially common in bicycle accidents due to the high risk of the biker’s head striking the ground or the hood of a motor vehicle in a traffic accident.

While helmets are indisputably important for preventing brain injuries, they are not a perfect solution. Some researchers have found that helmets create a false sense of security, for example, which can lead to bicyclists taking greater risks. In addition, the shape of a bicycle helmet does not fully protect against brain injuries when the head is hit at an angle. Finally, helmets do not reduce the rotational forces in a bicycle accident that can cause brain injuries, such as a diffuse-axonal injury from the brain rapidly shifting inside the skull.

Bike Helmet Safety Tips

You can reduce your risk of suffering a brain injury in a bicycle accident by wearing a helmet at all times. The helmet you choose and how you wear it can impact its ability to protect your head, face and skull. Use these tips to decrease your risk of head and brain injuries as a bicyclist in Texas:

  • Look for the sticker of approval. The bicycle helmet you buy should have a safety approval sticker from the Department of Transportation or the Snell Memorial Foundation to ensure that it meets federal safety regulations.
  • Get the right fit. Purchase a helmet that fits snugly on your head. It should sit low on your forehead, with the straps forming a V-shape slightly in front of your ears. Always secure your helmet to your head so it doesn’t fly off in an accident.
  • Don’t wear an old or used helmet. Bicycle helmets should not be re-worn after they’ve been in an accident or impact, as this can compromise the elements in the helmet that protect the wearer’s head. For this reason, you should not purchase a used helmet, as you don’t know its history.

You should always wear a helmet while bicycling in Texas to reduce your risk of head and brain injuries. If you still suffer a brain injury even with a helmet on, you have rights in Texas. You may be eligible for financial compensation from the at-fault driver’s car insurance company. With assistance from a bicycle accident attorney, you can recover compensation for your necessary medical expenses, lost wages, pain and suffering, and more. Discuss your bicycle accident case with a lawyer in Dallas for more information.

Posted by Aaron Herbert at 1:58 pm

How to Deal With Head Injuries After a Car Accident

Tuesday, April 12, 2022
One of the most common types of injuries suffered in auto accidents in San Antonio is a head injury. Head injuries, such as skull fractures or contusions, can lead to brain trauma. A traumatic brain injury, or TBI, can cause significant symptoms that impact the victim for life. It is critical to know how to correctly deal with a head injury after a car accident in San Antonio for your own physical wellbeing, as well as to strengthen a legal claim to damages.

See a Doctor Immediately

Brain injuries are incredibly serious and require immediate medical care. There is no such thing as a minor head injury. Any bump, jolt or blow to the head deserves professional medical attention right away. It is especially important to go to a hospital after a car accident in San Antonio if you experience any of the following symptoms, which could point to a traumatic brain injury:
  • Headaches
  • Dizziness
  • Nausea or vomiting
  • Disorientation or confusion
  • Issues with memory or recollection
  • Trouble sleeping
  • Mood swings
  • Seizures
  • Any loss of consciousness
With these symptoms, you could have a brain injury from your car accident. Common types of brain injuries include concussion, diffuse axonal brain injury, hematoma, edema and hemorrhage. These are all serious traumatic brain injuries that can occur in an auto accident and inflict life-changing symptoms. Prompt medical care can help you relieve the symptoms associated with a brain injury, and may save your life.

Follow Your Doctor’s Treatment Recommendations

If you are diagnosed with head trauma or a brain injury after a car accident, a doctor will give you a personalized treatment plan. Your treatment plan may involve bed rest and avoiding potentially dangerous activities that could give you a second head injury, such as sports. A second brain injury too close to the first can lead to a more serious injury and related symptoms. Other head trauma treatments may include medications, physical therapy and rehabilitation. The most serious brain injuries can also require neurosurgery to repair parts of the brain or prevent further brain damage from swelling. Follow your doctor’s treatment plan exactly for the best prognosis for recovery.

Attend Follow-Up Appointments

Do not miss any follow-up appointments with your doctor or a brain injury specialist. These appointments can be critical for your recovery. Skipping appointments can show an insurance company that you are not doing your part to mitigate your losses connected to the head injury. This can result in the rejection of your insurance claim or a reduction of case value.

Document Your Medical Care

Document all of your medical care in the aftermath of a car accident. Careful and accurate documentation and recordkeeping can help you build a stronger car accident injury claim. Ask for copies of your relevant medical records and bills after receiving treatment for a head injury. If your brain injury made you miss work, document your lost wages, as well.

Keep an Injury Journal

It is also important to document the personal side of your brain injury case. Head trauma and brain damage are catastrophic because they can alter a victim’s quality of life. They can cause behavioral, cognitive and emotional changes, as well as mental health conditions such as depression and anxiety. Keep a record of everything you are feeling and experiencing as you heal from your head injury. An injury journal can help you demonstrate how the injury impacted your life to a judge or jury.

File a Car Accident Lawsuit With Help From an Attorney

If you believe someone else is responsible for causing your car accident in San Antonio, contact a car accident attorney to help you file a lawsuit. Filing a claim against a careless driver or another party could result in financial compensation for the losses associated with your head injury, including medical bills and lost wages. Learn more about your legal rights and filing a car accident lawsuit by consulting with an attorney today.
Posted by Aaron Herbert at 1:23 pm

Can I File a Brain Injury Claim on Behalf of a Loved One?

Thursday, February 17, 2022

Brain injuries are often catastrophic, meaning they have an extreme, permanent or life-changing effect on a victim. In many cases, a brain injury survivor does not have the mental capacity to understand his or her rights or take on a process as challenging and demanding as a brain injury lawsuit. This is why Texas law allows certain family members and others to file a brain injury claim on behalf of a victim.

What Is a Brain Injury Claim?

A traumatic brain injury claim is a civil lawsuit filed in pursuit of financial compensation against one or more defendants. The defendant is the party that is allegedly at fault for causing the brain injury. If a brain injury claim succeeds, it can provide financial compensation to the victim and his or her family for related costs, such as necessary medical care, future foreseeable medical needs, lost wages and lost capacity to earn.

Who Has the Right to File a Brain Injury Claim in Texas?

If a brain injury is caused by someone else’s negligence, intent to harm, or wanton disregard for the safety or welfare of others, the victim can file a personal injury claim against the at-fault party. Common examples of accidents that lead to brain injury lawsuits in Texas are car accidents, falls, sports incidents, explosions and workplace disasters. If the victim cannot understand his or her rights or take on the legal process independently, a family member may step in to become their guardian and file on their behalf.
The legal guardian of a brain injury survivor has all of the same legal rights as the injured party in Texas. This means that the guardian can file a brain injury lawsuit or make a claim on the victim’s behalf. Under Texas law, if a family member or loved one – such as a spouse, adult child, parent or sibling – becomes the victim’s legal guardian, he or she can file a personal injury claim for the victim to pursue justice and financial compensation. Any settlement or judgment award won will be given to the brain injury victim or his or her estate.

How to Become Your Loved One’s Guardian

If your loved one becomes mentally incapacitated because of a traumatic brain injury, you can become his or her legal guardian to file a brain injury claim for them. You must acquire this title through the proper legal outlets. In general, you must petition the courts for guardianship and prove that your loved one lacks the capacity to manage his or her own legal affairs due to a debilitating brain injury. A lawyer can help you with this legal process, which requires you to notify all next of kin of your petition and prove that you are an appropriate choice of guardian.

What if the Injured Party Is Your Child?

If the person with the brain injury is your child and he or she is under the age of 18, you do not need to petition the courts, as you are already the victim’s legal guardian. Parents in Texas retain the right to file personal injury lawsuits on behalf of their minor children after harmful accidents. Your family should file a petition for your medical expenses right away, while your child may have the right to file a lawsuit for his or her own losses – such as pain and suffering – after he or she turns 18. If as an adult your child does not have the mental capacity to file a lawsuit, you can take over as their guardian.

How Long Do You Have to File a Brain Injury Claim on Behalf of Someone Else?

In Texas, an injured party or acting representative has no more than two years from the date that the cause of action accrues to file a personal injury lawsuit. This means that you have a maximum of two years from the date of the accident to file a brain injury case on behalf of a loved one. If you miss your statute of limitations, you will most likely forfeit the right to bring a lawsuit at all. Contact an attorney for more information about a brain injury case.

Posted by Aaron Herbert at 12:13 pm

Can I Recover Compensation for a Hypoxic Brain Injury?

Friday, November 19, 2021

If you or a loved one has been diagnosed with a hypoxic brain injury, don’t hesitate to contact an attorney in Dallas for a free initial legal consultation. You may be eligible to file a lawsuit against the person or party who caused your brain injury in pursuit of financial compensation. Whether or not you have the right to recover financially depends on the circumstances surrounding your injury.

What Is a Hypoxic Brain Injury?

There are two types of brain injuries: traumatic and acquired. A traumatic brain injury is caused by an external source of trauma, such as a bump or blow to the head. An acquired brain injury is caused by internal problems. A hypoxic brain injury is a type of acquired brain injury. Both types of brain injuries have the potential to be severe or catastrophic, meaning they can inflict permanent brain damage on the victim.
A hypoxic brain injury describes damage inflicted to the brain due to decreased oxygen flow to the brain’s cells. An anoxic brain injury describes a complete loss of oxygen to the brain. Brain cells need a constant supply of oxygen to survive and function correctly. Oxygen deprivation can result in the permanent impairment of a brain cell’s function. After approximately four minutes, oxygen deprivation can cause brain cell death.

Symptoms and Effects of a Hypoxic or Anoxic Brain Injury

There is no such thing as a minor brain injury. A hypoxic brain injury at any level is a condition that must be taken seriously. A hypoxic or anoxic brain injury can lead to short-term or long-term symptoms for a survivor, such as:

  • Headaches
  • Slurred speech or trouble communicating
  • Confusion or disorientation
  • Loss of memory
  • Trouble concentrating
  • Trouble balancing
  • Motor impairment
  • Changes in sleep patterns
  • Personality changes
  • Facial drooping
  • Seizures
  • Loss of consciousness
  • Coma or death

Whether or not a victim can make a full recovery from a hypoxic brain injury depends on the circumstances, the diagnosis and the individual. Treatments such as therapy and rehabilitation may help a patient recover.

Hypoxic Brain Injuries and Medical Malpractice

You may be able to recover financial compensation after being diagnosed with a hypoxic brain injury if there is proof that one or more parties reasonably could have prevented your injury with due care. If a defendant committed a negligent act or omissions and this caused your hypoxic or anoxic brain injury, the defendant may be held civilly liable (financially responsible) for your related losses and damages.
To be negligent means to use less than an appropriate amount of care. Two of the most common examples of negligence in association with acquired brain injuries are medical malpractice and birth injuries. A few types of medical malpractice can cause brain hypoxia. For example, if an anesthesiologist uses too much anesthesia or improperly intubates a patient, this could interrupt the flow of oxygen to the brain, resulting in a hypoxic or anoxic injury.
A birth injury could also cause brain hypoxia. A baby’s brain is delicate while still in development. Any interruption to its oxygen supply before, during or shortly after birth can cause permanent brain damage. If a doctor fails to monitor fetal vital signs and notice that a baby is losing oxygen due to umbilical cord prolapse, for example, the doctor may not react appropriately to restore oxygen flow. If there is proof that any type of negligence caused or contributed to your hypoxic brain injury, you may be eligible for financial compensation.

Contact a Brain Injury Lawyer in Dallas

Always contact a brain injury attorney after being diagnosed with a hypoxic brain injury. An attorney can help you with the complicated legal process, including identifying what caused your injury and fighting for a fair financial recovery on your behalf. Although no amount of money can make up for a brain injury, a positive case outcome can give you the ability to move forward with greater peace of mind. Contact The Law Firm of Aaron A. Herbert, P.C. today for a free consultation about your case.

Posted by Aaron Herbert at 12:36 pm

What Is a Life Care Plan? And Why Is it So Important in Brain Injury Lawsuits?

Friday, November 12, 2021

If you recently suffered a brain injury in an accident in Texas and plan on filing a lawsuit against the person or party at fault, you will need what is known as a life care plan. A Texas life care plan is a document that lists all of your current and latent medical needs and their related costs. This document is used in cases involving catastrophic injuries to create a blueprint of how much money the plaintiff will need to pay for future medical care. Ask about a life care plan as part of your lawsuit when consulting with a brain injury attorney in Dallas.

What Is a Life Care Plan? And Why Is it So Important in Brain Injury Lawsuits? 3

What Is a Life Care Plan?

A life care plan is a projection of what an individual will need in terms of medical care and health care costs after suffering a serious injury, such as a catastrophic brain injury. It takes into account everything a brain injury victim will need on a medical level now and in the future. During a brain injury lawsuit, your life care plan should include virtually all medical needs from now until your recovery or date of death, including:

  • Surgeries and other medical treatments
  • Physical therapy and rehabilitation
  • Psychological therapy
  • Medication needed
  • Medical devices
  • Live-in care
  • Social service needs
  • Special education
  • Household needs
  • Home or vehicle disability modifications
  • Travel expenses

What is included in a life care plan for a brain injury lawsuit will depend on the specific needs of the individual. The life care plan is created after an in-depth look at the individual’s current and future limitations, disabilities, neurological state and needs. The care plan will ask what kind of care is required to meet the individual’s needs now and in the future. It will also consider inflation, substitute caregivers and the cost of replacing devices, as needed.

Why You Should Establish a Life Care Plan After a Brain Injury

A life care plan will become a vital piece of evidence to prove your losses in a brain injury lawsuit in Texas. Your life care plan will support you or your attorney’s assertion that you will suffer myriad economic consequences connected to your brain injury. Your life care plan will break down the specific medical treatments and interventions that you will need in the foreseeable future so that an insurance company, judge or jury can assign an appropriate amount of financial compensation. Without an accurate life care plan, you may not recover fair and full financial compensation for your expenses.

It Is Important to Use a Qualified Life Care Planner

It is extremely important not to take any chances when it comes to creating a document as important as a life care plan. With so much at stake during your brain injury lawsuit, always entrust the preparation of your plan with a qualified life care planner who is well-versed in the long-term consequences of a brain injury. This is the only way to be sure that your care plan does not leave anything out.
Once you accept an insurance settlement or personal injury judgment award, you generally cannot reopen your case or renegotiate for a higher amount – even if you later discover that your brain injury will cost more than you originally thought in medical expenses. This is why it is imperative to make sure the settlement offered is fair and just before you say yes. You can do this using a comprehensive life care plan prepared by a qualified professional.
A brain injury survivor deserves the best possible life that he or she can enjoy. This can be achieved with help from financial compensation won from the party that caused the injury. A fair financial award can help you or your family pay for the best available medical treatments and necessary care far into the future. Learn more about how to recover fair and full compensation for your brain injury with assistance from a life care plan by contacting an attorney in Dallas.

Posted by Aaron Herbert at 12:15 pm

What You Need to Know About Filing a Cerebral Palsy Claim

Thursday, November 11, 2021

Cerebral palsy is a group of disorders that affect the ability to move, balance and control the muscles. Children who are diagnosed with cerebral palsy will experience lifelong impairment of their motor function. Sometimes, cerebral palsy is caused by an injury to the brain that takes place during birth or shortly after the child is born. If you believe that your child’s cerebral palsy is connected to a preventable birth injury, your family may be entitled to financial compensation from the at-fault physician or hospital.

When Can You File a Lawsuit for Cerebral Palsy?

Not all cerebral palsy diagnoses mean a family has the right to file an injury claim in Texas. Most cases of cerebral palsy are congenital, meaning they arise from issues with the development of the brain before birth. They can stem from infections, low birthweight, premature birth and many other causes. Sometimes, the cause is not known. In some cases, however, cerebral palsy can be traced back to medical malpractice.
Medical malpractice could cause cerebral palsy by failing to keep a baby safe before, during and after the delivery process. This can lead to brain damage and related disorders, including cerebral palsy. One of the most common issues connected to cerebral palsy is brain hypoxia, or reduced oxygen flow to the brain. Brain hypoxia or anoxia (a total lack of oxygen) can arise during a complicated birth, such as one with umbilical cord prolapse.
It is a doctor’s responsibility to detect emergencies and promptly respond. If a doctor negligently fails to monitor a baby’s vital signs during the birthing process, he or she may not notice that the baby has lost oxygen. This can lead to a delayed response and permanent brain damage. If a reasonable and prudent physician would have done something differently and prevented the brain damage, the doctor in question could be liable for related injuries and disorders.

What You Need to Know About Filing a Cerebral Palsy Claim 5

Proving a Cerebral Palsy Claim

If your family files a cerebral palsy lawsuit, it is up to you as the plaintiff to prove the claim that is being made. You or your attorney must prove your claim based on a preponderance of the evidence, or clear and convincing evidence of fault. Evidence that you may be able to gather to support your cerebral palsy case can include:

  • Medical records
  • Medical expert testimony
  • Sworn testimony from the defendant
  • Eyewitness statements
  • Proof of losses

In general, you or your attorney will need to prove that 1) a doctor-patient relationship existed between the child with cerebral palsy and the doctor, 2) the doctor breached the medical industry’s standard of care during delivery, and 3) the resultant birth injury is what caused the disorder. A personal injury lawyer can help you gather evidence to support your claim.

Statute of Limitations

Your family only has a limited amount of time to file a civil lawsuit for cerebral palsy. In Texas, the statute of limitations on a medical malpractice case is two years from the date of the alleged act of malpractice or the date that you discovered or reasonably should have discovered the link between your child’s cerebral palsy and malpractice. If you file later than two years, you will most likely give up the right to recover any financial compensation.

Why You Should Hire an Attorney

Cerebral palsy claims in Texas are complicated and can come with many challenges. One of the best things that you can do from the onset of your case is hiring an experienced and qualified personal injury attorney to represent you. An attorney can immediately take over the most difficult aspects of your claim, such as identifying the defendant and gathering evidence. Your attorney can fight for fair financial compensation for your child’s cerebral palsy while your family focuses on the future.
To learn more about how an attorney can benefit you during a cerebral palsy lawsuit in Dallas, contact The Law Firm of Aaron A. Herbert, P.C. for a free consultation.

Posted by Aaron Herbert at 11:19 am

How Can a Lawyer Help a Brain Injury Victim?

Wednesday, November 10, 2021

If you or a loved one gets diagnosed with a brain injury after a preventable accident in Dallas, Texas, hiring a personal injury lawyer can help you in many different ways. If you are entitled to bring a brain injury claim against one or more parties for causing your injury, an attorney can stand by your side through every phase of the legal process. A skilled and experienced brain injury lawyer in Dallas can do many things to help you through this difficult time.

Preserving and Collecting Evidence

An attorney can take the necessary steps to investigate the incident that gave you a brain injury and search for signs or evidence of fault. Evidence is crucial for your brain injury lawsuit. It refers to information, photographs, statements and other data that proves that what you are claiming is true. To win a personal injury lawsuit, you need enough clear and convincing evidence to show that the defendant named is more likely than not responsible for causing your brain injury. This is known as a preponderance of the evidence. An attorney can help you collect this evidence before it is too late.

Filing a Claim

Filing a brain injury claim in Texas has an involved process. You must acquire, fill out and submit the required paperwork before the state’s deadline, known as a statute of limitations. This deadline is two years from the date of the injury, in most cases. An attorney can take care of the paperwork and filing requirements on your behalf so that you don’t make any mistakes that could interfere with your ability to recover financial compensation.

How Can a Lawyer Help a Brain Injury Victim? 8

Hiring Brain Injury Experts

Many brain injury cases require a relevant medical expert, such as a neurologist or neurosurgeon, to testify on the plaintiff’s behalf. Medical experts can provide testimony to support key case elements, such as the type of brain injury suffered, the symptoms the victim is experiencing and the victim’s prognosis for recovery. An attorney will have connections to qualified medical experts in your region to help strengthen your claim.

Establishing the Damages

In addition to proving that a defendant is at fault for causing a brain injury in Texas, you will also be required to prove your damages. These are the losses that you suffered in the accident or because of your injury. They may include:

  • Past and future medical expenses
  • Losses of income and earning capacity
  • Pain and suffering
  • Emotional damage
  • Psychological harm
  • Permanent disability
  • Lost enjoyment or quality of living
  • Out-of-pocket costs
  • Punitive damages

An attorney can help you prove your losses through evidence such as photographs, medical bills, an injury journal, expert testimony and eyewitness statements. Then, your attorney can argue for maximum financial compensation for these damages using aggressive legal strategies.

Negotiating a Settlement or Going to Trial

It can be difficult to go up against an insurance company on your own as a brain injury survivor or family member. Insurance companies use many tactics to take advantage of clients, including undervaluing injuries and rejecting valid claims. An attorney can go up against an insurance company on your behalf, either negotiating for a fair settlement or taking your brain injury case to trial, if necessary. Unlike an insurer, an attorney will want to maximize your financial recovery, as he or she won’t get paid unless you do.

Providing Emotional Support

One of the most important benefits of hiring a personal injury lawyer during a brain injury lawsuit is receiving emotional support. Your lawyer will be there to answer your questions, provide counsel that you can trust and protect your best interests every step of the way. Your attorney will be your advocate in all things. You can focus on your recovery or on building a better future for you or your loved one while an attorney handles the legal side of your case. Hiring a lawyer can give you greater peace of mind when you need it the most.
To learn more about how a brain injury attorney can help you, contact The Law Firm of Aaron A. Herbert, P.C. today.

Posted by Aaron Herbert at 11:44 am

The Basics of Spinal Cord Injury Claims

Monday, November 8, 2021

If an accident in Texas gives you or a loved one a spinal cord injury, you may be able to file a personal injury claim. Bringing a claim against the person or a party who is at fault for causing your injury can result in financial compensation for your related expenses and losses. However, a spinal cord injury claim can be complicated and require assistance from a qualified attorney in Dallas. Breaking down this type of case into the basics can help you understand what to expect.

Grounds for Filing a Claim

First, recognize the legal grounds for filing a spinal cord injury claim under Texas law. Not all spinal cord injury survivors have the right to bring causes of action or recover financial compensation. To be able to file this type of lawsuit, you must have reasonable grounds to hold someone else accountable. Three potential grounds include:

  1. Negligence. Negligence is the most common option. It is the failure to exercise proper care, resulting in harm or injury to others.
  2. Strict liability. Strict liability means that someone is financially responsible for an accident regardless of actual negligence or intent to harm.
  3. Breach of warranty. A breach of warranty refers to a failure to fulfill a promise or guarantee.

You must identify your type of case and the legal basis of your lawsuit before you can proceed. If you were injured in a car accident, for example, you will most likely base your claim on negligence. If you were injured by a defective product, on the other hand, you may be able to base your case on strict product liability or a breach of warranty.

How to Prepare for a Spinal Cord Injury Claim

Once you know the legal grounds for your lawsuit, you can start to collect information and evidence to support your claim. Preparing for your spinal cord injury lawsuit in advance allows you to preserve key evidence, such as statements from eyewitnesses before the details become fuzzy. Do your best to collect the following evidence leading up to a lawsuit:

  • Photographs
  • Video footage
  • Copies of accident reports
  • Eyewitness statements
  • Medical documentation
  • Proof of your losses

An attorney can help you collect the evidence that is necessary to prove your claim. The requirement for a successful spinal cord injury claim is a preponderance of the evidence, or clear and convincing evidence that demonstrates that the defendant is more likely than not responsible for causing your injury.

Filing Your Claim

You must file a personal injury claim within your state’s statute of limitations. This is a law that places a deadline on the ability to file. In Texas, the statute of limitations is two years from the date of the accident or injury discovery. You should wait until you reach your point of maximum medical improvement (the point where your doctor believes your spine injury will not improve any further) to file for fair compensation, but be sure not to surpass the time limit.
When you are ready to file, an attorney can help you fill out and file the necessary paperwork in your county’s civil court. On your claims paperwork, you will need to identify the defendant(s), describe the grounds for your claim and list your losses. The defendant will then be served this paperwork and your claim will be initiated.

Compensation Available for a Spinal Cord Injury

Most spinal cord injury claims achieve settlements outside of court. If an insurance provider refuses to treat you fairly, however, your case may have to go to trial. A successful settlement or judgment award could pay you for many losses associated with your injury, including past and future medical bills, lost wages, and pain and suffering. The compensation that your family receives could allow you to move forward with less financial stress.
For more information about spinal cord injury claims in Texas, contact The Law Firm of Aaron A. Herbert, P.C.

Posted by Aaron Herbert at 3:21 pm

How Do I Know If I Need a Traumatic Brain Injury Attorney?

Thursday, April 29, 2021

No one plans on sustaining a traumatic brain injury (TBI). If the unexpected happens and you or a loved one suffer a brain injury, however, it is critical to prepare for the process ahead. You may need to hire a traumatic brain injury attorney in Dallas if someone else’s careless or reckless actions caused your injury. Seeking the advice of a legal professional can ensure the protection of your rights at a critical time in your life.

What Caused Your Traumatic Brain Injury?

Not every traumatic brain injury gives the victim the right to file an insurance claim or personal injury lawsuit. In Texas, an injured victim will only have grounds to seek financial compensation if another person or party caused or contributed to the injury in question.
Some of the most common accidents that cause traumatic brain injuries and give the victim the right to file a lawsuit are:

  • Motor vehicle accidents
  • Slip, trip and fall accidents
  • Ladder falls
  • Sports impacts
  • Physical assaults, abuse or violence
  • Explosions

These types of incidents are often preventable and stem from someone else’s negligence, such as a distracted driver or careless property owner. In personal injury law, negligence is the failure to apply an adequate amount of care based on the circumstances. If you believe someone else’s negligence caused your TBI, you may need an attorney to assist you with the claims process.

Do You Have a Complicated Case?

If you do have grounds to file a lawsuit in Texas, you could be eligible for financial compensation for your past and future medical expenses, physical therapy, medications, surgeries, lost wages, pain and suffering, and more. Unfortunately, it is not always easy to obtain a fair amount for a traumatic brain injury – especially a severe TBI that will result in long-term economic and noneconomic damages.
If your traumatic brain injury case involves any of the following complications, it is imperative to hire an attorney to help you navigate the legal process:

  • Long-term or permanent effects from a TBI
  • Ongoing medical care or rehabilitation
  • The inability to work
  • Multiple at-fault parties
  • A liability dispute between insurance companies
  • Lack of adequate insurance coverage
  • Wrongfully denied insurance claim

Obstacles during a brain injury claim can get in the way of your ability to obtain the financial compensation your family needs to pay for necessary medical care. Only a personal injury lawyer will have the knowledge, resources and experience to successfully handle these issues if they arise.

How Can a Traumatic Brain Injury Attorney Help?

Most personal injury lawyers operate on a contingency fee basis. This means you will not pay a penny in attorney’s fees unless he or she obtains financial compensation for your damages. This can help you make a decision if you were hesitating based on the cost of an attorney.
If you are not sure whether you need a traumatic brain injury attorney to represent you during a claim, review all of the ways an attorney can help you during a claim. A TBI lawyer can:

  • Connect you to brain injury specialists in Dallas
  • Answer your legal questions
  • Investigate your accident
  • Collect and preserve key evidence
  • Obtain copies of medical records and police reports
  • File an insurance claim on your behalf
  • Negotiate for the compensation you deserve
  • Take your TBI case to trial, if necessary

Most importantly, a traumatic brain injury attorney in Dallas can give you the peace of mind you need to concentrate your attention on healing and recuperating. You can rest assured that your attorney is fighting for justice and maximum financial compensation on your behalf while you focus on medical treatments and rehabilitation.
For more information about how a traumatic brain injury attorney can help you, request a free consultation at The Law Firm of Aaron A. Herbert, P.C.

Posted by Aaron Herbert at 1:07 pm

What Are The Long-Term Effects of a Traumatic Brain Injury?

Tuesday, April 27, 2021

The brain is an all-important organ that is responsible for controlling voluntary and involuntary bodily functions. Most patients fully recover from traumatic brain injuries (TBIs) that cause short-term disruptions to the brain’s ability to properly function. Some, however, suffer severe TBIs with long-term effects that last for months, years or life.

What Are The Long-Term Effects of a Traumatic Brain Injury? 10

Loss of Motor Skills

The brain controls the body’s motor system, mostly using the frontal lobes. It sends outputs for coordinating movements through the spinal cord to move specific muscles. If a certain part of the brain gets injured and can no longer function the way it should, this can affect the victim’s motor function and fine motor skills.
Some of the long-term physical effects of a traumatic brain injury may include difficulty walking, standing, jumping, holding heavy items, balancing, coordinating complex movements and writing. Although physical therapy and rehabilitation can help, with severe traumatic brain injuries, the impact on the victim’s motor skills can be permanent.

Sensory Effects

A TBI can impact the sensory and perceptual parts of the brain, leading to long-term changes in hearing, vision and sensation. A severe brain injury can result in hearing problems such as chronic tinnitus, diminished hearing or increased sensitivity to sounds. It can also cause long-term blurred vision, involuntary eye movements and loss of vision. Some patients also note trouble with touch, such as difficulty perceiving temperature and mixing up touch and pressure.

Cognitive Difficulties

Damage to any part of the brain can result in long-term cognitive challenges. Some patients are able to restore their cognitive abilities over time with exercises, treatments and therapies. Others, however, suffer long-lasting cognitive problems, such as:

  • Confusion or disorientation
  • Memory loss
  • Difficulty thinking or problem-solving
  • Trouble with math or reading
  • Problems with comprehension
  • Lack of attention span
  • Trouble concentrating
  • Problems with motivation
  • Impaired reasoning
  • Impaired empathy towards others

The cognitive effects of a traumatic brain injury can make it difficult or impossible for a victim to return to his or her normal life. The victim may have to receive training for a different type of career, for example, or may struggle in school.

Trouble Communicating

If the part of the brain in charge of speech and language (the left hemisphere) gets injured, it can impact the victim’s ability to articulate ideas and correctly use language to communicate. The victim may also have physical trouble using the tongue and throat, leading to difficulty talking and swallowing. These issues can reduce a victim’s quality of life by blocking the ability to communicate.

Personality or Behavioral Changes

Many patients with serious brain injuries report changes in their moods, personalities and behaviors. This is because the limbic system of the brain governs emotions, thoughts and feelings. Changes to how the brain works after a serious injury can lead to long-term alterations in how the victim acts and behaves. The victim may be more prone to outbursts, anger or irritability after a TBI, for example.

Increased Risk of Certain Medical Conditions

Studies have shown that suffering a brain injury puts a patient at an increased risk of developing certain medical and mental health conditions later in life. Even if the victim appears to have fully recovered physically from the TBI, he or she can remain vulnerable to mental health disorders for decades. These may include:

  • Psychiatric disorders
  • Depression and anxiety
  • Second-impact syndrome
  • Brain diseases
  • Dementia
  • Alzheimer’s disease
  • Chronic traumatic encephalopathy (CTE)

It is not always possible to recover from a traumatic brain injury. Many victims experience long-lasting or chronic effects that significantly interfere with their lives. If you or a loved one suffered a brain injury in an accident in Dallas, do not hesitate to contact an attorney for legal advice on how to fight for justice and financial compensation.

Posted by Aaron Herbert at 3:02 pm

Mild Traumatic Brain Injury Settlements in Texas: What Can I Get?

Monday, October 5, 2020

A blow to the head can cause serious injuries, including a traumatic brain injury (TBI).

Traumatic brain injuries resulted in roughly 223,000 hospitalizations in 2019. And many more were treated in an emergency department, primary care, and urgent care setting.

If someone else’s negligence caused you or a loved one to sustain a mild TBI in Texas, you might be considering filing a lawsuit.

Traumatic brain injury compensation will not always restore all your damages, but a settlement can help you pay for your medical and recovery expenses.

So let’s look at what mild traumatic brain injury settlements in Texas are worth.

What Is a Traumatic Brain Injury?

TBI is a brain injury that affects how the brain works. There are three types of TBI: mild TBI or a concussion, moderate TBI, and severe TBI .

Moderate or severe TBIs can lead to long-term or life-long health problems. But even a mild TBI can cause lasting problems.

Mild traumatic brain injuries are the most common type of TBI. They are usually caused by a bump, blow, or jolt to the head or a hit to the body that causes the head and brain to move back and forth quickly.

This sudden movement can cause:

  • The brain to bounce around or twist in the skull,
  • Chemical changes in the brain, and
  • The stretching and damaging of brain cells.

These injuries can lead to symptoms affecting how a person thinks, learns, feels, acts, and sleeps.

These symptoms also differ for every person and may be difficult to identify as TBI symptoms because they often mirror other health problems.

Average Settlement for Traumatic Brain Injury

In Texas, mild traumatic brain injury lawsuit settlements vary widely.

Overall, determining compensation for a mild TBI begins with evaluating how severe the head injury is and how it impacts a person’s life.

This may include estimating the time it took to recover and whether there are ongoing symptoms or problems.

Most people recover from a concussion or mild TBI quickly, but for others, cognitive impairments can last a long time.

Even a mild TBI can have a significant impact on someone’s daily life. To determine a fair settlement amount, consider your TBI’s effect on your life.

Make a list of what you lost and the symptoms you suffered and are still suffering. Do you have headaches or struggle with forgetfulness?

Have you experienced complications like difficulty concentrating, difficulty controlling emotions, or seizures that you didn’t suffer from before your accident?

Ultimately, the best way to determine the true value of a TBI is to speak with an experienced personal injury attorney.

A personal injury lawyer who has experience handling TBI lawsuits can help you determine the full extent of your damages so you can decide whether the insurance company is proposing a fair settlement offer.

They can also counsel you on whether to consider other factors before accepting an insurance proposed settlement amount.

The Law Firm of Aaron A. Herbert, P.C. Can Help

If someone else’s negligence resulted in you or a loved one suffering a mild TBI, the Law Firm of Aaron A. Herbert, P.C. is here to fight for you and your right to compensation.

When you hire us for your personal injury TBI case, we will take the time to tailor our services to your specific needs and provide you with one-on-one attention.

Our team will work with medical professionals to determine your current and future medical needs and calculate a settlement amount that will fully compensate you for your losses.

We are not afraid to aggressively advocate for your best interests or go to court to pursue the compensation you deserve.

Contact us by phone or online at any stage of your case for a free case evaluation.

Posted by Aaron Herbert at 2:04 pm

How a Traumatic Brain Injury Can Lead to Risks of Suicide

Sunday, June 7, 2020

Traumatic brain injuries and mental health have a close connection. A traumatic brain injury (TBI) can lead to many physical, emotional and behavioral changes in a survivor. These changes could cause an overall decrease in a survivor’s enjoyment and/or quality of life. A TBI may also cause conditions such as depression and anxiety. Together, these factors unique to TBIs could ultimately increase the risk of suicide.

TBIs and Suicide

 Multiple studies have shown a link between TBIs and suicidal thoughts and actions in survivors. Most of these studies identify the highest risk of suicide in the first six months after a brain injury. Daily struggles with symptoms such as headaches, dizziness and cognitive issues can drive some patients to suicide. The risk of suicide is around three times as high in the first six months after a TBI than afterward, according to some estimates. An extensive study in Denmark, however, focused on the long-term increases in the risk of suicide for people with TBIs.
 In the long term, a traumatic brain injury can alter the way the brain works, making it difficult for a survivor to do things he or she used to be able to do easily. These may include exercising, enjoying favorite activities, engaging in sports or hobbies, playing with kids, comprehending basic facts, and communicating with loved ones. A TBI can impact communication, comprehension, basic math skills, memory, motor skills and more. These changes can lead to depression in survivors, who may start to feel hopeless or frustrated about the future. Issues such as losing one’s job can exacerbate these feelings.
 A TBI can also impact a survivor’s emotions, leading to feelings the person may not have had before. These can include frustration, irritability, insensitivity, aggression, anger and sadness. Personality changes and issues such as mood swings and outbursts are also common. Overwhelming negative feelings on top of difficulties with day-to-day activities or an overall decrease in quality of living can increase the risk of suicide for someone with a brain injury. 

How a Traumatic Brain Injury Can Lead to Risks of Suicide 12

Warning Signs of Suicide in a TBI Survivor

 If you have a loved one who survived a traumatic brain injury, keep the increased risk of suicide in mind. Watch for any potential warning signs of depression or suicidal thoughts. Life events such as divorce, substance abuse, unemployment, or depression diagnoses can make suicidal thoughts or actions even more likely. Detectable signs can mean a heightened risk of suicide in the following minutes or days. Act quickly to get your loved one help if you notice any red flags.

  • Making statements about suicide
  • Threatening self-harm
  • Seeking access or information to means of suicide
  • Talking about feelings of hopelessness
  • Withdrawing from social activities
  • Posting about suicide on social media
  • Purchasing a gun
  • Refusing to receive treatment for depression
  • Isolating oneself
  • Abusing alcohol and/or drugs
  • Displaying severe mood swings

 If you notice any potential signs of suicidal thoughts or behaviors in your loved one, take immediate action. Request assistance from a crisis hotline 24/7, such as the National Suicide Prevention Lifeline (1-800-273-8255). Do not leave your loved one alone. Call 911 if you have an emergency. Tell a trusted friend or family member about what is happening. Encourage your loved one to talk about his or her feelings with a professional. Do not keep any promises to keep suicidal thoughts a secret. Offer support by being someone your loved one can talk to, setting up professional assistance, encouraging communication, and reassuring him or her that things will get better.

Your Legal Rights as Someone With a TBI

 If you or a family member sustained a traumatic brain injury in a preventable accident in Texas, consider your legal rights while you seek treatments for your physical and emotional injuries. The person who caused your accident may be legally responsible for your TBI and related treatments – including psychological care and therapies. A defendant may be liable for your emotional distress, mental anguish and lost quality of life as well as your economic damages. Contact a Dallas brain injury lawyer for advice about a TBI lawsuit and emotional distress.

Posted by mockingbird at 10:30 am

What Is the Difference Between a Concussion and a TBI?

Wednesday, August 22, 2018

A traumatic brain injury (TBI) can have numerous detrimental effects. Though each injury is unique, a person with a TBI may experience emotional disturbances, changes in cognition, memory loss, insomnia, and other symptoms. It can be difficult to understand the differences in the types of TBI, which may go by different names. Learn the varying degrees of TBI and what to expect from each condition.

What Is a Concussion?

A concussion is one of the mildest types of TBI. It results from an external force, such as blow or bump to the head. Concussions may also arise from falls or other outside trauma. The Centers for Disease Control and Prevention notes that the most common causes of concussions are falls, motor vehicle accidents, playing recreational sports, and violent crime.
A concussion usually results from the brain making contact with your skull. A doctor may describe a concussion as a mild TBI, because it’s usually not life-threatening. Still, concussions vary widely in severity and may lead to long-term complications, especially if the victim suffers multiple concussions or does not receive appropriate treatment.
Concussions can present a variety of symptoms and warning signs, including:

  • Dizziness
  • Nausea or vomiting
  • Disorientation or mental confusion
  • Headache
  • Sensitivity to light
  • Inability to concentrate

Treatment for a concussion generally involves resting the brain. This means no driving, reading, playing sports, or even watching TV. With appropriate treatment, a concussion will typically resolve within a few days and the victim can resume normal activity with a doctor’s approval.

What Is a Traumatic Brain Injury?

Other types of brain injuries fall under the realm of TBI, with classifications of mild, moderate, or severe. In general, a TBI is any injury to the brain caused by an external force, such as a blow to the head or a violent shaking motion. A TBI can greatly affect a victim’s capacity to learn, think, and control his or her emotions.
A TBI is an acquired injury (meaning not present at birth) that creates a partial or complete impairment or functional disability. The effects may be physical, cognitive, or social. A person who suffers a TBI may have trouble with:

  • Emotional regulation
  • Thinking
  • Judgment
  • Language
  • Memory
  • Attention
  • Problem solving
  • Information processing
  • Speech
  • Sensory perception

TBIs may arise from car accidents, falls, or other forms of trauma. In children, TBIs may occur from abuse, such as shaken baby syndrome.

Symptoms of TBI

The symptoms of a TBI may vary significantly depending on the nature of the injury and the area of the brain involved. A person with a diagnosed TBI may experience any of the following symptoms:

  • Cognitive symptoms such as difficulty speaking, mental confusion, an inability to concentrate, difficulty recognizing everyday items, or amnesia
  • Whole body symptoms such as loss of balance, dizziness, fatigue, or fainting
  • Behavioral symptoms such as inappropriate reactions to stimuli, aggression, lack of emotional regulation, repetition of words without purpose
  • Mood changes such as anxiety, apathy, or anger
  • Gastrointestinal symptoms such as nausea, diarrhea, or vomiting
  • Sensory issues such as sensitivity to sound or light
  • Eye changes such as dilated pupils, uneven pupils, or dark circles under the eyes
  • Miscellaneous symptoms such as headache, bleeding, blurred vision, depression, seizures, or ringing in the ears

A concussion and a TBI may be terms people use interchangeably, but they have notable differences. A concussion is a form of TBI, and a mild one at that. Moderate or severe TBI can greatly affect a victim’s quality of life, often permanently. The effects of a concussion, on the other hand, are generally temporary. Concussions and TBI are similar in that they represent serious medical conditions that require appropriate care and follow-up treatment.

Posted by Aaron Herbert at 3:22 pm

Can a Concussion Impact Driving Ability?

Wednesday, August 15, 2018

A concussion can have detrimental effects that last for days, even weeks following the initial injury. Concussion victims often complain of a number of symptoms, from dizziness and mental confusion to headaches and sensitivity to light. It seems reasonable to assume that a concussion could affect your ability to drive. Learn how a concussion affects your brain, and the types of activity you should avoid while your body heals.

How Does a Concussion Affect Driving?

To appropriately understand how a concussion could affect your driving ability, it’s essential to know what a concussion is. This mild form of traumatic brain injury (TBI) occurs when your brain hits the tough bone of your skull. Normally, your brain floats in your skull, protected by cerebral spinal fluid. However, an outside force, or trauma, can cause your brain to sustain damage when it hits your skull.
A concussion can occur while participating in any number of activities, but the Centers for Disease Control and Prevention identifies car accidents, falls, and sports-related events as the most common causes of concussions. If you have a concussion, you may complain of one or many of the following symptoms:

  • Headache
  • Dizziness
  • Confusion
  • Sensitivity to light
  • A blackout
  • Emotional disturbances

In the hours, days, or weeks following a blow to the head, you may experience any of these side effects. Most often, a person diagnosed with a concussion experiences dizziness, nausea, confusion, and difficulty focusing. These symptoms typically persist for 48 hours with a mild concussion, but a more severe trauma could lead to a longer recovery time.

When Can I Drive Following a Concussion?

If doctors have diagnosed you with a concussion, don’t get behind the wheel unless it’s safe to do so. You will likely receive discharge instructions from your health care provider that detail what precautions to take and when you can safely get behind the wheel. It’s essential to follow these instructions carefully.
Driving may seem like second nature to many, but it involves complex brain activity. For example, you must be cognitively aware of your surroundings and be prepared to take evasive maneuvers to avoid a crash. You must also have good hand-eye coordination to manipulate the wheel and complete basic driving maneuvers. A traumatic brain injury like a concussion can interfere with these abilities, so it’s best to avoid driving until a doctor gives you the green light.
Finally, your doctors will likely tell you to rest your brain, so it can heal. Depending on the severity of the injury, your providers may advise against reading, being out in the sun, or even watching TV, as it causes strain to your healing mind. Partaking in an activity such as driving can pose a danger to other drivers on the road, and it could hamper your recovery.

Take Care of Yourself After a Concussion

A concussion might not seem like a major injury, but any blow to the head requires careful attention. If you don’t take care of yourself, you could make your symptoms much worse or cause longer-lasting damage. A concussion, though on a milder scale, is still a traumatic brain injury. Follow your discharge orders and rest until a doctor gives you permission to resume your normal activities. Avoid driving while you recover, as you pose a danger to yourself and others.
Because of the nature of the injury, a concussion can affect your driving ability. It’s best to avoid any mentally engaging activities, including driving, until you feel well again. If you have any further questions or concerns, speak to your health care provider.

Posted by Aaron Herbert at 3:05 pm

What Is the Difference Between a Concussion and a Traumatic Brain Injury?

Monday, February 5, 2018
Brain injuries devastate families in ways more severe than almost any other type of injury one can suffer. The Law Firm of Aaron A. Herbert, P.C., has been helping Texans in the San Antonio area find relief after suffering brain injuries of all kinds. Concussions and traumatic brain injuries can leave the victims and their families with expensive medical bills and long rehabilitation that require time missed from work. Our attorneys have seen the effects of these injuries and know your case deserves meticulous attention and care for you to receive the benefits you are entitled to.

Sorting Out the Confusion

A traumatic brain injury is an injury that results in physical trauma to the brain. This usually comes from a blow to the head, or even an object penetrating the skull. The brain is a complex organ and damage to any part of it can have unpredictable results. Changes in personality or violent mood swings can result, as well as loss of concentration, and difficulties with memory retention and formation. Brain injury also can result in more serious damage, such as loss of motor skills and impairment of even basic functions such as feeding oneself or taking care of personal hygiene. There is a range of injuries that can occur to the brain. Milder injuries may affect fewer tasks and cause fewer impairments for the victim of the injury. They also may heal within a few months and leave fewer lasting problems. More serious injuries, on the other hand, may result in severe physical or mental impairment.

Concussion as a Traumatic Brain Injury

A concussion is a milder form of a brain injury. This does not mean a concussion is not a serious injury; however, it may be less serious than other forms of traumatic brain injury. Concussions can result in a number of serious symptoms including:
  • Bad headaches, including migraines
  • A fog of confusion that leaves victims unable to easily or clearly comprehend events going on around them
  • Nausea
  • Dizziness
  • Difficulty concentrating or problems with memory
  • Irritability and changes in personality
  • Heightened sensitivity to light and noise
These symptoms may be mild compared with more severe brain injuries, but they are often debilitating for victims. Concussion sufferers are also four to six times more likely to suffer another concussion in the future.

Brain Injury by the Numbers

The prevalence of traumatic brain injury nationwide, including concussions, is far too common. More than 900,000 traumatic brain injuries occur each year, and a number of these injuries happen in Texas (injured parties reported 23,000 traumatic brain injuries in Texas each year). This represents tens of thousands of people that brain injury impacts each year. Falls are the most common source of these injuries including slip-and-falls suffered in a store or on a sidewalk; falls from scaffolds or ladders in the workplace; or trips over obstructions or damaged flooring on stairs. When an adult falls even from just standing height, the results are often injury to the brain. If you’ve suffered a brain injury after a fall, it’s important to work with a slip and fall lawyer in San Antonio to fully understand your legal options for compensation. The next most common source of brain injuries are motor vehicle accidents. Modern vehicles have sophisticated safety devices, but this has not prevented all injuries related to crashes. In Texas, approximately 7,200 hospitalizations for brain injuries result from motor vehicle accidents, and more than 9% of these injuries are fatal.

Traumatic Brain Injury Compared to Concussions

Concussions are one of the milder forms of traumatic brain injuries, but victims still suffer physical and mental effects. Traumatic brain injuries are common, and those who suffer them as a result of an accident may have many months of medical treatment and rehabilitation to recover from their injuries. Severe traumatic brain injuries may require years of treatment, and victims may never fully regain the mental and physical abilities they had before their injury.
Posted by at 10:30 pm